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October 3, 2023

Court of Appeal in Ireland Reduces General Damages: Insights for Insurers

For insurers and legal practitioners in Ireland, recent trends in the Court of Appeal’s assessment of general damages for personal injuries are highly relevant. Understanding these developments is essential for managing risk and advising clients effectively. The Case of O’Daly: A Reduction in Damages   On 8th June 2016, Mr O’Daly was cycling near Dublin’s […]

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PTSD in personal injury claims
September 26, 2023

Valuing Psychiatric Injury in Ireland Under the New Guidelines

Background: Zagananczyk Case   The Court of Appeal has provided further guidance on the valuation of Psychiatric Injury under the new Guidelines. In the Zagananczyk case, the Court upheld the defendant’s appeal, reducing the High Court award from €90,000 to €60,000 for general damages. High Court Assessment of Psychiatric Injury   In the High Court, […]

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March 23, 2023

Irish Court of Appeal Confirms High Court Should Have Heard Defendant’s Summons

Background: Sherry v Murphy & Ors   In Sherry v Murphy & Ors, the Court of Appeal considered an appeal from a High Court judgment and order that refused to fix a date for the hearing of a motion brought by a defendant. The motion challenged the adequacy of a Personal Injury Summons, with the […]

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March 15, 2023

Sports Writing, Shane Warne, The Master of the Rolls and Baseball

Part One: A Blog by Damian McGeady Donegal Memories Until recently, I thought that I had read the greatest legal paragraph ever written in my first week as a law undergraduate. I know that it’s a bit niche, but please do bear with me. It was written by Lord Denning. That was in 1993. Sam […]

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Uplift for less dominant injuries in Personal injury compensation Ireland
March 14, 2023

McHugh v Ferol: Court Confirms Uplift for Secondary Injuries Can Exceed Dominant Injury Award

In the case of McHugh v Ferol, the Court examined an important issue in personal injury law: whether the uplift for less dominant injuries can exceed the value of the dominant injury award. The Court referenced the approach taken by Coffey J in The Lipinski Judgement, noting that current guidelines for general damages do not […]

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four courts, judgements
March 14, 2023

The High Court restates the position that Solicitors can instruct non-treating Medical Experts in Injury Actions.

Healy v HSE is the second Irish High Court judgement in a matter of days that focussed on the issue…

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Vehicle trade insurance dispute
March 13, 2023

London High Court Clarifies Conflicts in Vehicle Trade Insurance Policies

Introduction on the Vehicle Trade Insurance Dispute The High Court in London recently resolved a dispute involving an Equity Red Star (ERS) Trade Policy issued to a vehicle transport company. The case highlights how conflicting wording between a policy schedule and its certificate can affect the application of insurance coverage, particularly in the context of […]

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Solicitor referrals medical experts
March 9, 2023

High Court Guidance on Direct Instruction of Expert Medical Witnesses in Personal Injury Cases

Expert testimony plays a pivotal role in personal injury litigation, often influencing the outcome of a case. A recent High Court judgement has offered clear guidance for both Plaintiff and Defence Solicitors regarding when and how medical experts can be instructed directly by solicitors. The Importance of Medical Expert Evidence   In personal injury claims, […]

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construction site safety,
March 9, 2023

Construction Site Safety: The Role of the Project Supervisor and Contributory Negligence

  A recent judgment by Mr Justice Sanfey examined the role of the Project Supervisor on a construction site and clarified the extent of a contractor’s duties under the Safety, Health and Welfare at Work (Construction) Regulations 2013. Duty of the Project Supervisor in Construction Site Safety   The Court accepted the Defendant’s argument that […]

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September 5, 2022

Ruaidhrí Austin Elevated to Partner at Lacey Solicitors – An ‘Exceptional Credit Hire Litigator’

Lacey Solicitors is proud to announce the promotion of Ruaidhri Austin to Partner, recognising his outstanding contribution to insurance and litigation across Ireland. Ruaidhri has quickly established himself as a go-to litigator in Ireland, trusted by insurers and businesses for his expertise, strategic insight, and results-driven approach. Senior Partner, Terry Lacey, commented on Ruaidhri’s promotion: […]

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